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HomeMy WebLinkAbout8-3-06 BA Minutes*MINUTES* BOARD OF ADJUSTMENT August 3, 2006 City Council Chambers A meeting of the Board of Adjustment was held on August 3, 2006 and called to order at 3:00 p.m. with the following members present: Vice Chairman Mary Jowers Board Member Pat Avery Board Member Dana Timaeus Alternate Member Kelli Maness Alternate Member Sam Pullig Board Members absent: Chairman Bob Harris Board Member Joey Hilliard Alternate Member Justin Howard Also present: Steve Richardson, Planning Manager; Adina Abshire, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Chris Boone, Development Services Manager APPROVAL OF MINUTES Board Member Avery made a motion to approve the minutes of the March 2, 2006 Meeting. Board Member Maness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 543-BA: Request for variances to the landscaping and screening requirements to delete the required 10' wide landscape strip and the 8' high opaque fence required for multi -family developments next to an RS (Residential Single Family Dwelling) District. Location: 1650 Cornerstone Court Applicant: Kelley Family Investments, Ltd. Mr. Richardson presented the staff report. This item is a request for a variance to the landscaping and screening requirements in order to delete the required 10' wide landscape strip and the 8' high opaque fence required along the west property line. BOARD OF ADJUSTMENT August 3, 2006 Kelley Family Investments plans to build a 192 unit apartment complex at 1650 Cornerstone Court. The west side of the property abuts property that belongs to DD#6 and is zoned RS. DD#6's property is used as a retention pond and The Meadows Soccer Complex. The Zoning Ordinance states that when a multi -family use is established adjacent to RS zoning, an 8' tall opaque fence and a 10' wide landscape strip shall be installed. The applicant states that the regulations would require them to install trees every 25' and a solid fence along the entire 1,135' length of the west property line. Trees and a fence would be required adjacent to property that is used as a retention pond that will never be developed for residential purposes. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Twenty notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were received. Slides of the subject property were shown. Board Member Jowers, acting as Chairperson, opened the public hearing and asked for the applicant's comments. Kelly Kelley, the applicant, addressed the Board. Philip Long, architect of the project, addressed the Board. Discussion followed between the applicant and the Board regarding fencing. Board Member Jowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Vice -Chairman Jowers asked for a motion. No motion was made. Vice -Chairman Jowers stated that due to lack of action on File 543-BA, the request would be rescheduled for consideration next month. 2) File 544-BA: Request for variances to 1) the minimum front yard building setback from 25' to 0'; 2) the minimum rear building setback from 25' to 5'; and 3) the density requirement from 1,500 sq. ft. of land area per dwelling unity to 583 sq. ft. of land area per dwelling unit. Location: 2305 Victoria Street Applicant: Willie Sanders Mr. Richardson presented the staff report. This item is a request for variances to the front and rear building setback requirements and the density requirement. The front yard would be reduced from 7 J BOARD OF ADJUSTMENT L August 3, 2006 25' to 0', the rear yard from 25' to 5' and the density requirement from 1,500 sq. ft. of land area per dwelling unit to 583 sq. ft. of land area per dwelling unit. The subject property is located at 2305 Victoria. The applicant, Willie Sanders, wants to construct a three story, 18 unit apartment building on the subject property. Parking will be provided on the ground level. The property is zoned RM-H. The side yard requirements are met. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Twenty notices were mailed to property owners within 200 feet. The property owner was in favor. Slides of the subject property were shown. Vice -Chairman Jowers opened the public hearing and asked for the applicant's comments. (Board Member Timaeus arrived.) Bonita Nunn with U. S. Delta Construction, the applicant, addressed the Commission. Ms. Nunn r was not prepared for discussion with the Board, so she withdrew the request until a later date. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:45 P. M. ]